AN ACT 

TO ESTABLISH AND MAINTAIN 



s. s. yi^^Uj^ 



A SYSTEM OF ESEE SCHOOLS, 



PASSED BY THE 



LEGISLATURE OF THE STATE OF ILLINOIS, 



FEBRUARY 15, 1855. 



SPRINGFIELD: 

LANPHIER & WAi.KF.R, PRliNFTERS. 

leoo. 



t% 



H^^-i^ii^if .::!;^ 



m RXCHAVG' 



AN ACT '. ■ 

TO ESTABLISH AND MAINTAm A SYSTEM OF FREE SCHOOLS. 



STATE SUPERINTENDENT OF PUBLIC IN- ^^^^85^'''' 
STRUCTION— ^is Eledion and Duties. 

Section 1. Be it enacted by the jjecjiU of the State of 
Illinois, reprdsented in the General Assembly ^ That at Election ot su- 
tlie election to be held on Tuesday after the first Monday P«™t'^«'^««'- 
of November, A. D. 1856, and biennially thereafter, there 
shall be elected, by the legal voters of this state, a state 
superintendent of public instruction, who shall hold his 
office foi two years, and until his successor is duly elected 
and qualified. 

§ 2. Before entering:;tipon his duties he shall take and To give boud. 
subscribe the usual oath of. office, a^id shall also *^xecute a 
bond in the penalty of twenty-five*thonsand dollars, pay- 
able to the state of Illinois, with sureties to be approved 
by the governor, conditioned for the prompt discharge of 
his duties as superintendent of public instruction, and for 
the faithful application and disposition, according to law, 
of all school moneys that may come into his hands by vir- 
tue of his office ; said bond and oath shall be deposited \yith ' 
the secretary of state, and an action may be maintained 
thereon by the state, at any time, for a breach of the con- 
ditions thereof. 

§ 3. It shall be his duty to keep an office at the seat '^S ofgovUn! 
of government of the state, and^to file ail papers, reports i^ent. 
and public documents transmitted to him by the school of- 
ficers of the several counties, each year separately, and 
to keep and preserve all other public documents, books 
and papers relative to schools coming into *his hands as 
state'superintendent, and to hold the same in readiness to 
be exhibited to the governor, or to any committee of either 
house of the general assenjblj^and shall keep a fair record 
of all matters pertaining Xb me business of his office. 

§ 4. He shall, without delay, pay over all sumsof mon- layover moneys. 
ey which may come into his hands by virtue of his office, 



1855. 



J 



Advi 
teaclierf . 



Supervision of 
cummuu schools 



to tlie officer or persons entitled to receive the same, in 
such manner as may be prescribed by law. 

§ 5. He shall counsel and advise, in sucli manner as 
he may deem most advisable, with experienced and prac- 
tical school teacliers, as to the best manner of conducting 
common schools, and as to the most approved text books, 
maps, cJiarts, apparatus, &C.5 to be used in common schools. 

§ 6. Said superintendent shall have the supervision ol| 
all tlie common ajid'])ub!ic schools iu the state, and shall 
be tl'.e gen<ral adviser and assistant of school commission- 
ers in the state ; he shall, from time to time, as he shall 
deem for the interest of schools, address circular letters to 
said c(mimissionerg^giving advice as to thf'best manner of 
conducting schools, constructing school houses, furnishing 
the same, and procuring coinpetent teachers ; he shall re- 
comm'i'ud the most ap[)r(ived text books, maps, charts and 
apparatus, and uniformity in the use of the same, as well 
as in the manner of conducting schools throutrhout the 

o o 

state- 
To visit countieB. § 7. He sliall visit every county in the state at least, 
once during his term of office, confer freely with the school 
ij, officers as to the manner of conducting schools, and sJiall 

deliver a public lecture to the teachers and j)eople of each 
county on the subject of education, if deemed practicable, 
and ])erform generally such duties as may tend to advance 
the interest of education. , 

§ 8. Said state superintende.»t,shall, before the fifteenth 
day of December of every year-'^receoing that in which 
shall be holdi^n a reguHir sessioji of tiie general assembly, 
report to the goxevnor the condition of schools in the sev- 
eral counties of the state, the whole number of schools 
wliich have been tauglit in each county in each of tie pre- 
ceding years, commencing on the first Monday of Octo- 
ber ; what part of said numher iiave been taught by males 
exclusively ; what part by females exclusively ; what part 
of said wSiole number have ht^en taugist by males and fe-* 
males at the same time; and what part by males and fe- 
males at ditfcjrent periods ; the nuuiber*of scholars in at- 
tendance at said schools ; th^e^^iunher of wlute persons in 
each county under twenty-oiV^ years of age ; the^mount 
of township and county fund ; the amount of the interest of 
the state or common school fund, and of the interest of the 
township and of the county fund annually paid out; the 
amount raised by -Anad vaJ.oreni 'ax ; the whole amount an- 
nually expended for schools ; th<^ number of school houses, 
th';ir kind and condition ; the num'ier of tovv^nships and parts 
of Jfiwnships in each county ; the number and description 
of Woks and apparatus pn''ch«l<ed for the use of schools and 
school libraries under the provisions of this act, the prices 
paid for the same, and total an ount purchased, and what 



RepoTt to gov- 
ernor. 



5 1855. 

qaanlity and how distributed; and the number and condition " 

of the libraries, togetiier with suijh oilier information and 
suggestions ai' he may deem important in relation to tlie 
school laws, schools, and the means of promoting education 
througliout the state; which report shall be laid before the 
general assembly at each regular session. 

5 9. The said stite superintendent of public instruc- wai^e mies and 

..^,,, , ,, i"^-, ,,. ^, 1-1 'regulations. 

tion shall make such rules and regulations as he may think 
necessary and expedient to carry into full effect the pro- 
visions of this act, and of all the laws whicii now are or 
may hereafter be in force for establishing and maintaining 
schools in this state ; and tlie said superintendent shall have 
power, and it shall be his duty, to explain and interpret '^° interpret the 

',■■ . till •'..' ,. ' meaning of tbls 

and determine to all school commissioners, directors, town- act. 
ship and otlier school officers, the true intent and meaning 
of this act, and their several duties enjoined thereby, and 
his decision shall be final, unless otherwise directed by the 
legislature, or reversed by a court of competent jurisdic- 
tion. 

§ 11. The said state superintendent sliall have power '^commSoner'lTo 
to direct and cause the school commissioner of any county, vvnuboid fu..ni8. 
directors or board of trustees or township treasurer of any, 
townsliip, or other school officer, to withhold from any offi- 
cer, or township, or teacher, any part of the common school, 
or township, or other school fund, until such officer, town- 
ship, or teacher, shall have cb-npiied with all the provisions 
of this act relating to his, her or their duties, and such 
rules and regulations as the state superintendent may pre- 
scribe, not inconsistent v/ith this act ; and the state super- 
intendent may forbid the payment of any part of the com- 
mon school, township, county, or other school fund, to any 
district in which the school or schools have not been kept 
according to law, or in which no school has been kept for 
six months during the year next preceding the demand for 
payment. 

§ 12. And the said state superintendent shall receive ^i^'fen^gnt^"''^''' 
annually the sum of fifteen hundred dollars, to be paid 
quarterly, as a salary for the services required under the 
provisions of this act, or any other law that may be pas- 
sed, and also for all necessary contingent expenses, for 
books, postage and stationery pertaining to his office, to 
be audited and paid by the state, as the salaries and con- 
tingent expenses of other officers are paid. 

SCHOOL COMMISSIONERS— r/iC2> Election and Du- 
ties. 

5 13. On the Tuesday next after the first Monday in Election oi school 

Ni. , 1 /i rn ^ . c^ .1 h 1. commissioners. 

ovember next, and on the luesaay next alter the first 

Monday in November, every two years thereafter, there 



1855. 6 

shall be elected, by the qualified voters of each and every 
county in tiiis stale, a school commissioner, who shall ex- 
ecute the duties lierein required. He shall, before enter- 
ing upon his duties, take an oath for the faitliful discharge 
Commissioner to of his duties» He Shall, before entering upon his duties, 
execute a bond, payable to the state of Illinois, with two 
or more responsible freeholders as security, to be appro- 
ved by the county court, in a penalty of not less than twelve 
thousand dollars, to be increased at the discretion of said 
court, in proportion to his responsibilities, conditioned that 
he will faithfully perform all the duties of school commis- 
sioner of said county, according to the laws wluch are or 
may be in force ; by which bond tiie obligors shall be bound 
jointly and severally, and upon which an action or actions 
may be maintained by the board of trustees of the proper 
township, tor tlie use of any township or fund injured by 
any breach thereof; and joint action may be had for two 
or more funds. 

§ 14. The bond required in the foregoing section shall 
be in the following form, viz : 



Sta^e uf li/inois, 

Count I/. 



ss. 



pi>r!!i of ooud. Know all men by these presents, that we, A B, C D, and 
E F, are held and firmly bound, jointly and severally, un- 
to the people of the state of Illinois, in the penal sum of 
dollars, to the payment of which we bind our- 
selves, our heirs, executors and administrators firmly by 
these presents. In witness whereof we have hereunto set 

our hands and seals, this day of , A. D. 185 . 

The condition of the above obligation is such, tiiat if the 
above bounden A B, school commissioner of the county 
aforesaid, shall faithfully discharge all the duties of said 
office according to the laws which now are, or may here- 
after be in force, and shall deliver over to his successor in 
office all moneys, books, papers and property in his hands 
' as such school commissioner, then this obligation to be 
void ; otherwise to remain in full force and virtue. 

A B , [seal.] 

C D , [seal.] 

E F , [seal.] 

And which bond shall be filed in the office of the county 
court. 
i,iai)ieton;muvai § 15. The Said Commissioner shall be liable to re- 
moval by the county court for any palpable violation of 
law, or omission of duty; and if a majority of said court 
shall at any time be satisfied that his bond is iiisufficient, 
it shall be Ins duty, on notice, to execute a new bond, to 
be payable, conditioned and approved as the first bond j 



7 1856., 

the execution of which shall not affect the old bond, or the 
liability of the security thereon ; and when the office of 
school commissioner shall become vacant by death, resig- office becoming 
nation or otherwise, the county court or board of supervi- Ld°Ty %point- 
sors shaii fill the same by appointment for the unexpired ™^"*- 
term, and the person so appointed shaii hold his office un- 
til liis successor shall be qualified. 

§ 16. The said commissioner shall provide three well to provide books 
bound books, to be known and designated by the letters A, comi of sales 
B, C, for the following purposes : In book A he shall record moneys rec'f?." 
at length all petiLions presented to him for the sale of com- 
mon school lands, and the plats and certificates of valua- 
tion made by or under the direction of the trustees of 
schools, and the affidavits in relation to the same. In bo@k 
B he shall keep an account of all sales of common school 
lands ; which account shall contain the date of sale, name 
of purchaser, description of lands sold, and the sum sold 
for. In book C he shall keep a regular account of all 
moneys received for lands sold, or otherwise, and loaned 
or paid out; the person of whom received, and on what 
account, and showing whether it is principal or interest; 
the person to whom loaned, the time for which the loan 
was made, the rate of interest, the naraes of the securities 
when personal security is taken, or if real estate is taken 
as security, a description of said real estate, and if paid out, 
to whom, when, and on what account, and the amount paid 
out ; the list of sales, and the accounts of each tov/nship 
fund to be kept separate. Said books shall be paid for 
out of the county treasury of the counties in which they 
are used. 

§ 17. Whenever the bond of the township treasurer, ^sS^fe*^,^„*rT' 
approved by the board of trustees of schools, as required 
by law, shall be delivered by the trustees of schools, or 
either of them, to the school commissioner, he shall receive 
and file the same v/ith the papers of his office. He shall 
then, on demand, deliver to said township treasurer, who 
shall receipt therefor, all moneys in his hands belonging to 
said township ; also, all bonds, mortgages, notes and secu- 
rities of every description, for money or property due or 
to become due the township, and all papers of every de- 
scription belonging or in anywise pertaining to the rights 
or interests of said township; and the receipt of said trea- 
surer to the school commissioner shall be carefully pre- 
served, and shall be evidence of the facts therein stated, 
as well in favor of the school commissioner as against the 
township treasurer. 

S 18. Upon the receipt of the amount due upon the school commis- 

J . I s. . . . *■ I sionei to appor- 

auditor s warrant, as provided m section sixty-nine here- uon state lunde. 
of, the school commissioner shall apportion said amount, 
(except the amount allowed said commissioner, as provi- 



1855. 8 

dec! for in section seventy-five hereof,) to the several 
townships and fractional townships in liis county, accord- 
ing to the number of white children under twenty-one 
years of age, returned to him, (as provided for in section 
thirty-eight hereof,) and in which townsliips or jjarts of 
townships schools have been kept in accordance with the 
provisions of tins act. and with the instructions of the 
state and county superintendents, and shall pay over the 
distributive share belonging to each township and frac- 
tional township, as aforesaid, to the respective township 
treasurers, or other authorized persons, annually. When 
there is a county fund in the hands of any school commis- 
sioner, it shall be loaned, and the interest applied as pro- 
vided in this section with respect to the interest on the 
state fund, 
flchooi commis- § 19. The school commissioner shall, also, on or be- 
to^s'uperintTnd- fore the second Monday of November before each regular 
™'" session of the general assembly, or annually, if so required 

to do by the state superintendent, communicate to said 
state superintendent all such information and statistics 
upon the subject of schools in the county as the said state 
superintendent is bound to embody in his report to the 
governor, (as provided for in section eight hereof,) and 
such other information as the state superintendent shall 
require ; and tlie said school commissioner shall also com- 
municate the aforesaid information and statistics to the 
county convention of his county, at its biennial meetings, 
and at such other meetings as said convention may re- 
quire. 
To .iciiver over § 20. The scliool commissioner, upon his removal or 
properly to sue- resignation, or at the expiration of his term of service, 
cesser. ^ qj. j,j ^ggg of h^g death, his representatives,) shall deliver 

over to his successor in office, on demand, all moneys, 
books, papers, and personal property, belongijig to the 
office, or subject to the control or disposition of the school 
com.missioner. 
School commis- § 21. The school commissiouer may loan any money, 

Blouer to loan ?., -ii • x-i xri i. ^ 

fiiuds. not interest, belonging to the county tuna, or to any town- 

ship fund, before the same is called for according to law 
by the township treasurer, at the same rate of interest, 
upon the same security and for the same length of time 
as is provided by this act in relation to tlie township 
treasurers ; and notes and mortgages taken in the name 
of the '-school commissioner" of the proper countj-, shall 
be, and all loans heretofore made in ti-e name of " school 
commissioners," are hereby, declared to be as valid as if 
taken in the name of " trustees of schools" of the proper 
township, and suits may be brought in the name of " school 
commissioners," on all notes and mortgages heretofore or 
hereafter made payable to school commissioners. 



9 1855. 

§ 22. It shall he the duty of the school comrmissioner commissioner to 

• -i .V /• 'l.1 i-t I 1 > 1' t • ■^■'S'^ schools In 

to Visit, as olten as practicable, tae several schoo.s ot hiS iiiscoumy. 
county, and to note the common method of instruction and 
branches taught, and give such directions in the art of 
teaching, and the method thereof, iw each school, as to 
him, together wiih the directors, shall be deemed expe- 
dient and necessary, so that each school shall be equal to 
the grade for whicli it was established, and that there may 
be, as far as practicable, uniformity in ttie course of stu- 
dies in the schools of the several grades r< spectively, and 
shall carry out the advice and instructions of the state su- 
perintendent. 

§ 23. In all cases where the township board of trus- Duty of commis- 

^ ,.,,,., -I r 1 sionerin case ol 

tees 01 any tovvnsliip snaii tail to prepare and lorvvard, or laiiure to maka 
cause to be prepared and forwarded, to the school com- '^^'""^®* 
missioner, the information and statistics required of them 
in section tliirty-eight (38) of this act, it shall be the du- 
ty of said {■chool commissioner to employ a competent 
person to take the enumeration, and furnish said statisti- 
cal statement, as far as practicable, to the commissioner} 
and said person so employed shall have free access to the 
books and papers of said township, to enable him to make 
such statement ; and the township treasurer, or other of- 
ficer or person in whose custody such books and papers 
may be, shall permit said person to examine such books 
and papers, at such times and places as such person may 
desire, for the purposes aforesaid ; and tlie said school 
commissioners shall allow, and paj', to the person so em- Compensation. 
ployed by him, for the services, such amount as lie may 
judge rtasonable, outof any money which is or may c< me 
into said commissioner's hands, apportioned as the sliare 
of or belonging to such township; and the said school 
commissioner shall proceed to recover and collect the 
amount so allowed or paid for such services, in a civil ac- 
tion betoie any justice of the peace in the county, or be- 
fore any court having jurisdiction, in the name of the state 
of Illinois, of and against the trustees of schools of said 
township, in their individual capacity; and in such suit or 
suits the said school ccmm.issioner and townsliij) treasurer 
shall be competent witnesses; and the money so lecover- 
ed, when collected, shall be paid over to the school com- 
missioner, for the benefit of said township, to replace the 
money taken as aforesaid. 

§ 24. When any real estate shall have been taken for comm'er author- 
debts due to any school fund, the title to which real estave ieai est^ate?^^ 
has become vested in any school commissioner, or trustees 
of schools, for the use of the inh.abitants of two or more 
towuMiij'S, the school commissioner may re-sell such real 
estate for the bentfit of said townships, under tlie provi- 
sions of this act regulating the sale of the common school 



1855. 10 

lan^s ; and the said commissioner is hereby authorized to. 
execute convey ances to purchaser-^ ; and said commission- 
er sljall be entitled to retain the same per centege on the 
amount of such sale, out of tiie assets thereof, as he is en- 
titled to for selling common school lands. 

TOWNSHIPS— 7Vw.s^re5 of Schools. 

Townahips. § 25. Eacli Congressional township, as surveyed and 

laid off by authority of the United States, is hereby estab- 
lished a township for school purposes. The business of 

Trustees elected, the township sliall be done by three (rustees, to be elected 
by the legal voters of the township ; and the said town- 
ship, upon the election of trustees as aforesaid, as herein- 
after provided for, shall be a body corporate and politic. 

Name, style, &c. by the name and style of " trustees of schools, of town- 

sliip , range ," according to the number. The 

said corporation shall have perpetual existence, and shall 

Powers. have power to sue and be sued, to plead and be implead- 

ed, in all courts and places where judicial proceeding,; are 

Tenure ojtiu!.tees had. Said trustees of schools shall continue in office two 
years, and until others are elected and enter upon tiie du- 
ties of their office. 

QuaiiQcations of ^ 26. No pei'son shall be eligible to the office of trus- 
tee of schools, unless he shall be twenty-one years of age, 
and a resident of the township. 

Election of trus- § 27. The election of trustees of schools shall be on 

**'®*" the second Monday of January, biennially, but in town- 

ships where such election has not been heretofore had, or 
where there are no trustees of schools, the election of 
trustees of schools may be holden on any Monday ; notice 
being given as hereinafter in this section required. The 
first election shall be ordered, if in townships already in- 

Nouce. corporated, by the trustees of schools of the township, 

the township treasurer giving notice of the time and place, 
by posting up notices of t!ie same at least ten days pre- 
vious to the day of election, at or in the school house, or 

Countycierkmay in the most pubJic place in every sch.oul district in the 

give notice. township. If there are no trustees of schools in a town- 
ship, tiie clerk of the county court shall cause the notice 
to be given as aforesaid. For all subsequent elections, 
the like notices shall be given by the trustees of schools, 

proviao. througli the township treasurer : Provided, that if, upon 

any day appointed as aforesaid, for election aforesaid, the 
said trustees of schools, or judges, shall be of opinion, 
that, on account of the small attendance of voters, the 
public good requires it, or if the voters present, or a ma- 
jority of them, shall desire it, they shall postpone said 
election until the next r»ionday, and at the same place 
and hour J at which meeting the voters shall proceed as if 



11 1855. 

it were not a postponed or adjourned meeting; And 'pro- 
vided^ also, that if notice shall not have been given as 
above required, then, and in tliat case, said elt'clion may 
be ordered as aforesaid, and holden on the fust Monday in 
February, or any otlier Monday 5 notice thereof being giv- 
en as aforesaid. 

§ 28. Two of the trustees of schools of incorporated officers of eiec- 
townships, if present, shall act as judges, ai.d one as 
clerk of said election. If said trustees shall fail to attend, 
or reAise to act when present, and in townships unincor- 
porated, the qualified voters present shall choose from 
amongst themselves three judges and a clerk to open and 
conduct said election. 

§ 29. The time and manner of opening, conducting. Mode of eiec- 
and closing said election, and the several liabilities apper- 
taining io the judges and clerks, and to the voters sepa- 
rately and collectively, and the manner of contesting said 
elections, shall be the same as prescribed by the general 
election laws of this state, defining the manner of elect- 
ing magistrates and constables, so far as applicable, sub- 
ject to the provisions of this act : Provided, the judges 
may close said election at four o'clock, p. m. 

§ 30. No person shall vote at said election unless he voters, 
possesses the qualification of a voter at a general election. 
In case of a tie at such election, it shall be determined me. 
by lot, on the day of election, by the judges thereof. 

§ 31. When a vacancy or vacancies siiall occur in the vacancy. 
board of trustees of schools, the remaining trustee or trus- 
tees shall order an election to fill such vacancy, upon any 
Monday ; notice to be given as required in section twen- 
ty-seven hereof. 

§ 32. Upon the election of trustees of schools, the pou-doou deiir 
judges of the election shall cause the poll-book of said 
election to be delivered to the school commissioner of the 
county, with a certificate thereon, showing the election of 
said trustees, and names of the persons elected ; which 
poll-book, with the certificate, shall be filed by said com- 
missioner, and shall be evidence of such election. 

§ 33. Tiie said trustees of schools, elected as afore- Powers of trus- 
said, shall be successors to the trustees oi school lands t^es 'ind encces- 
appointed by the county commissioners' court, and of 
trustees of schools elected in townships under tlie provi- 
sions of " an act making provisions for organizing and 
maintaining common schools," approved February 26, 
1841, and of "an act to establish and maintain common 
schools," approved March 1, 1847, All rights of propeV- 
ty, and rights and causes of action, existing, or vested in 
the trustees of school lands, or trustees of schools appoint- 
ed or elected as aforesaid, for tlie use of the inhabitants of 
the tonwship, or any part of them, shall vest in the trustees 



1855. 12 

of schools as successors, in as full and complete a manner 
as was vested in tlie scluiol comuiis.sioner, the trustees of 
school lands, or tlxegtrustees of schools aj»poiated and elect- 
ed as aforesaid. 

§ 34. It sliall be the dnty of the township board of 
Duty of the trustels to hoid regular semi-annual sessions on the first 

townsl.ip board ,--, c k -i^ ^ r\ j. i • i i 

uf education. IViondays or April and Uctober in each year, and may 
meet at such other times and at such other })laces as they 
may think proper; and the president of the board, or any 
two mninbeis thereof, may call a special meeting of the 
board ; and at all meetings of the board, three ol its mem- 
bers shall constitute a quorum to transact any business. 
Said board shall organize by appointing one of their num- 
ber president, and some person who shall not be a director 
or member of the board townsliip treasuier, who shall be 
ex ajjicio clerk of tlie board. The said president and town- 
ship treasurer shall hold their respective offices during the 
term for which that board of trustees by which they are 
aj)pointed shall have been elected, and until their succes- 
sors are appointed, and until their newly appointed treasu- 
rer has givcii bond as required by this act; either of said 
officers, however, for good cause, may be removed by the 
board. It shall be the duty of the president, when pres- 
ent, to preside at the meetings of the board ; and it shall 
be the duty of the clerk to be present at all meetings of 
the board, and to record in a book to be provided for the 
purpose all their official ])roceedings. which shall be a pub- 
lic rt'Cord, open to the inspection of any person interested 
therein ; and all said proceedings, when recorded, shall be 
signed by the presideiit and clerk. If the president or clerk 
shall be absent, or refuse to peform any of the duties of his 
office at any meeting of the board, a president or clerk j»?'o 
tempore may be ap})ointed. 

§ 35. Tiustees of schools shall prepare or cause to be 

Trustees to pre- prepared a map of their township as often as niny be ne- 

their ^township! cessary, on which shall be designated districts to be styled 

district No in townsl'ip No. , which they may 

alter or change at any regular session ; which maj) shall 
be certified by the president and clerk of the board, and 
filed with and recorded by the county clerk, in a book to 
be kept for that purpose, to be paid for out of the county 
treasury. 

§ 36. At each of their half yearly meetings, on the first 

TrustecB' duty. Monday of April and October, the trustees of schools shall 
proceed to" ascertain the amount of state, county aj)d town- 
s!;ip fiinds liable to distribution, to wit : the interest actu- 

»tm<i«. ally on hand fiom the state and county school fund, and 

sueli rf the aiterest, rents, issues and profits arising from 
the township lands and funds as have accrued and beeome 
due since their last regular half yearly meeting, except the 



13 1855. 

two per cent, and the three per cent., whicli the school 
commissioner is allowed to retain. Tlie said trustees sshall to uistribut*. 
immediately thereupon })roceed to distribute the aggregate 
amount of state, county and township funds thus ascer- 
tained to be liable to distribution, as follows : First, to Maimer ot dutn- 
the tow"nship treasurer, the two per cent, allowed him; b""o°' 
second, for the payment of the books of the township trea- 
surer, if an) thing be due for that purpose ; third, for the 
payment of any reasonable charges for dividing common 
school lands, and making plats, &C.5 as provided for in this 
act; fourth, the balance they shall apj^ortion on the seve- 
ral schedules certified and returned from each school in 
the township according to law, in proportion to the num- 
ber of days certified on such schedules respectively to 
have been taugiit since the last regular return day fixed 
by t!ie act or truTtees for the return of schedules ; and the 
township treasurer shall, as soon as practicable, pay out 
the money so apportioned to the several persons to whom it 
siiall be distributed. The said trustees of schools shall also collection of 
make such orders, not contrary to law, for the collection ^^'^^s- 
of the funds due as in their discretion shall be most for the 
interest of the funds. They shall also, at their said half 
yeariy meetings, ascertain the amount of tax money, if any, 
the treasurer has in hands belonging to any school district 
being wholly or partly in his township ; and tliey shall see 
that t!!e treasurer charges himself in his cash book, in a 
separate column, in favor of the proper district, with the 
amount they siiall find to be in his hands belonging to such 
distiict; and the amount so ascertained to be in tiie hands 
of the treasurer shall be paid out as in this section direct- 
ed. The trustees of schools sha.'l also examine tlie certi- Examine oertia- 
ficate of the district directors to which such tax fund be- '^^^^' 
longs, a5id they shall thereupon direct the treasurer, by 
orders upon him, to {)ay the tax money aforesaid to the 
several persons who may appear to be entitled to it accord- 
ing to said certifieate. 

§ '61, Whenever it may be desirable to establish a p^j^ ^^ jj^^^.^^ ^^ 
sch'-ol composed of pupils, residents of two or more dis- education, 
tricis or two or more townships, it shall be the duty of the 
respective boards of education of each of such townships 
to transfer such niimber of the pupils residing in such town- 
ships as the boards may deem proper to the school so esta- 
blished in the tawnship in which tlie school house is or may 
be located ; but the enumeration of scholars shail be taken 
in each of such townships as if no such transfer had been 
made; and such school, when so composed, shall be sup- 
ported from the school funds of the respective townships 
in w'iich tlie pupils composing such school shall reside, and 
from which t'l y shall h.ave been transferred ; and the board 
of that tov/nship in which the school house where such 



1855. 14 

school is kept is located, sliall have the control and man- 
agement of such school; and the boards of each of such 
townships so connected for school purposes shall each pay 
its respective share of the entire expenses of every kind 
incurred in the establishment and support of such school, 
to be computed in proportion to the number of pupils re- 
siding in each of such townships composing such school ; 
and each board of the townships from which pupils are 
transferred shall draw an order on its township treasurer, 
signed by its president, in favor of the township treas- 
urer whose board shall have the control and manage- 
ment of such school, as the case may be, for the amount of 
its share of the entire expenses aforesaid of such school ; 
and the board of the township having the control and man- 
agement p.s aforesaid of such school shall pay out of its 
treasury the whole amount required for the establishment 
and maintenance of such schools, in the same manner as 
provided in this actforthg establishment and maintenance 

Proviso. of other schools : Provided, however, by agreement of the 

several boards interested therein, said school may be placed 
under the control and management of such persons as may 
be determined by a majority of said boards. 

§ 38. The board of trustees of each township in this 

statemcm to be state shall prepare or cause to be prepared by the tcwn- 

diutn''o"soho°o'is ^'^'P treasurer, the clerk of the board, or other person, 
and forwarded to the school commissioners of the county 
in which the towns])ip lies, on or before the second Mon- 
day of October, preceding eacli regular session of the 
general assembly of this state, and at such other times as 
may be required by the school commissioner, or by the 
state superintendent of publio instruction, a statement, 
exhibiting the condition of schools in their respective 
townships for the preceding biennial period, giving sepa- 
rately each year, commencing on the first Mondays of 
October, and ending on the last of September ; which 
statement shall be as follov,^s : — 1st. The whole number of 

wamber of schools schoois whicli have been taught in each year; what part 
of said number have been taught by males exclusively, 
what part have been taught by females exclusively ; what 
part of said whole number have been taught by males and 
females at the same time ; and what part by males and 
females at different periods. 2d. The whole number of 

Kumbor of i^choi- scholars in attendance at all the schools, giving the num- 
*'"• ber of males and females separately. " 3d. The number 

of male and female teachers, giving each separately ; 
the highest, lowest, and average monthly compensation 
paid to male and femahi teacliers, giving eacli item sep- 
arately. 4th. The number of persons urder twenty-one 
years of age. 5th. The amount of the principal of the 



15 1855. 

township fund ; the amount of the interest on the town- 
ship fund paid into the township treasury ; th.e amount 
of state or common school fund received by the township 
treasuier; the amount raised by ad valorem tax, and the 
amount of such tax received intc the township treasu- 
ry; and the amount of all other funds received into the 
township treasury, b'th. The amount paid for teachers' 
wages; the amount paid for school house lots ; the amount 
paid for building, repairing, purchasing, renting and 
furnishing school bouses ; the amount paid for school 
apparatus, for books and other incidental expenses for 
the use of school libraries; the amount paid as compen- 
sation to townsliip officers and others. 7th. The whole 
amount and a full account of the receipts and expendi- 
ures for scliool purposes. 8th. The number of books 
of each kind used in the schools, and the years in which 
each book was purchased, together with such other statis- 
tics and information in regard to schools as the state su- 
perintendent or school commissioner may require. 

§ 39. In all cases where a township is, or shall be di- separate emime- 
vided by a county line, or lines, the board of trustees of "fation^o^emads 
such township shall make, or cause to be made, separate 
enumerations of male and female white persons of the 
ages as directed in the fifth S{)tcification of the foregoing 
section thirty- eight (38) of this act, designating sepa- 
rately the number residing in each of the counties in 
which such township may lie, and forward each respec- 
tive number to the proper school commissioner of each of 
said counties ; and in like manner, as far as practicable, 
all other statistics and information enumerated and re- 
quired to be reported in the aforesaid section thirty- eight, 
shall be separately reported to the several school com- 
missioners ; and all such parts of said statistical informa- 
tion as are not susceptible of division, and are impractica- 
ble to be reported separately, shall be reported to the 
school commissioner of the county in which the sixteenth 
section of such township is situated. 

§ 40. At each semi-annual meeting, and at such other booKs and vonch- 
meetings as they may think proper, the said township ^^tobeexamiD- 
board shall examine all books, notes,, mortgages, securi- 
ties, papers, moneys and effects of the corporation, and 
the accounts and vouchers of the township treasurer, or 
other township school otBcer, and shall make such order 
thereon for their security, preservation, collection, cor- 
rection of errors, if any, and for their proper manage- 
ment, as may seem to said board necessary. 

§ 41. The board of trustees of each township in the Donations. 
state may receive any gift, grant, donation or demise, 
made for the use of any scliool or schools, or library, or 
other school purposes within their jurisdiction ; and they 



1855. 16 

shall be and are hereby invested, in their corporate capa- 
city, with the title, care and cusrody of all school houses, 
sciiool home sites, school libraries, apparatus or other 
pioperty belonging to any school district as now organ- 
ized, or whicli may be witiiin the limits of their jurisdic- 
tion, with full power to control the same in such manner 
as they may think will promote the interest of schools and 
the cause of education ; and when, in the opinion of the 
school directors, the school house site has become unne- 
cessary, or unsuitable or inconvenient for a school, said 
board may sell and convey the same in the name of said 
board ; and such conveyance shall be executed by the 
president and clerk of said board- and the avails shall be 
paid over to tiie township treasurer for the^benent of 
schools ; and all conveyance? ot real estate which maybe 
made to said hoard shall bo made to said board in their 
corporate name, and to their succe>>sors in office ; and 
said board may purchase and hold such real estate and 
personal projierty as may be necessary for the establish- 
mv nt and support of school?. 
Money to 1)6 paid ^ 42. Tiic towushij) board sliall cani5e all moneys for 

to township ti-ea- , •> r ii i. ^ • j i -j i. i.i i. 1 • 

surer. the usc oi t!ie town.^uip to be paid over to tlte township 

treasurer. They shall have power, also, to remove the 
lownsliip treasurer at any time, for any failure or refusal 
to t xeciite or comply with any order or requisitions of 
said b'jard, legally marie, or any other improper conduct 
in the disciiarge of his duty as treasurer, or at any time 
they may deem such removal expedient. They shall also 
have power, for any failure or refusal as aforesaid, to sue 
him upon his band, as ]>rovided in section filty-nine hereof. 
Trustees to pir- § 43. The towusliip trustccs are hereby vested with 

chaso real cKuie gg„y,..j{ powcr and authoiity to purchase real estate, if in 
tiieir •opinion the interests of the townslnp fiuid will be 
promoted thereby, in satisfaction of any judguK-nt or de- 
cree wherein the said board or school commissioner are 
])laintilis, or compla nants ; and the title of such real 
estate so purchased shall vest in said board, for the use of 
the inhabitants of said township, for school purposes; and 
all purcha-jcs of land heretofore made by scliool commission- 
ers , or trustees of school lands, or trustees of schools, 
for the use of any fiuid or township for the use of schools, 
are hereby ('eclared valid. The said boaid are hereby 
vested with general power and authority to m;?ke all 
settlements with persons indebted 1o them in their offi- 
cial capacity ; or receive deeds of real estate in compro- 
mise ; and to cancel, in such manner as they may think 
prober, notes, bonds, mortgages, judgments ^nd decrees, 
existini', oi- that may hereafser exist, for the benefit of 
the towiiSiiip, wii^n the interest of said township, or 
the fund concerned, shall, in their opinion, require it, 



17 1855. 

it, and their action shall be valid. Said board of educa- 
tion are hereby authorized to lease or sell, at public auc- 
tion, any land that may come into their possession, in 
such manner and on such terms a^ they shall deem for the 
interest of the township: Provided^ that in all cases of Proviso. 
sale of land, as iirovided in this section, the sale shall be 
made at the same place, and notice given of it in the same 
manner, as is provided in this act for the sale of the six- 
teenth section. 

SCHOOL DIRECTORS THEIR ELECTION AND DUTIES. 

§ 44. It shall be the duty of the legal voters within Election of school 
each school district to meet at the school house, or other 
convenient place in the district, on the first Monday of 
October next, or as soon thereafter as the township may 
be laid off into districts, and on the first Monday of Oc- 
tober biennially thereafter, and elect three persons within 
the district, to be styled school directors, who shall con- 
tinue in office for the term of two years, and until their 
successors are elected. But the first election may be held 
on any Monday, notice being given by the township treas- 
urer, according to the provisions of this act. The legal 
voters, when assembled, shall choose three of their num- 
ber to act as judges, and one as clerk, at such election. 
In case of a tie of said election for school directors, it 
shall be determined by lot on the day of the election, by 
the judges thereof. 

§ 45. A majority of said directors shall constitute a Powers of dirc«- 
quorura to do business ; and the board, when convened, 
shall have power to purchase libraries for the district, to 
be paid for out of the tax funds of the district : They shall 
establish a sufficient number of common schools for the 
education of every individual person over the age of 
five and under twenty- one years, in their respective dis- 
tricts ; and shall make the necessary provision for contin- 
uing such schools in operation for at least six months in 
each year, and longer if practicable. They shall cause suit- 
able lots of ground to be procured and suitable buildings 
to be erected, purchased or rented for school houses, shall 
supply the same with furniture and fuel, and make all 
other provisions relative to schools which they may deem 
proper. They shall exercise a general supervision over 
the schools of their respective districts, and shall, by 
one or more of their number, visit every school in the 
district at least once a montl), and shall cause the re- 
sult of such visit to be entered on the records of the 
board. They shall have the appointment of all the teach- 
ers of the schools in the district, shall fix the amount of 
2 



1855. 18 

teacliers' salaries or compensation, and may dismiss ttiem 
at any time for incompetency, cruelty, negligence or im- 
morility ; shall direct what branches of learning shall be 
taught in each school, and may suspend or expel from the 
school ail pupils found guilty, on full examinat.on and 
heating, of refractory or inconigibly bad conduct. Said 
school directors are hereby authorised to receive and hold, 
by their name of sclioo! ^directors, for the use of schools 
in the district, any book purclia^ed for or donated to the 
district library ; and the same shall be kept and con- 
trolled and loaned to the inhabitants of the district, under 
twfuty-one years of age. according to rules prescribed by 
said directors. But the librarian shall in no case receive 
any compensation out of the common school or township 
fund for ids services as librarian. 



OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUS- 
TEES OR SCHOOL DIRECTORS. 



Judgment nnd ^ 46. If judgment shall be obtained against any town- 
wiLtees.*^*"" ship boiu'd of trustcts or school directors, the party enti- 
tled to the benefit of such judgment ntay have execution 
therefor, as follows, to wit: it shall be lawful for the court 
in which such ju<igment shall be obtained, or to which such 
juJiiment shall be removed, by transciipt or appeal from a 
ju--ti -e of t'le peace, or other court, to issue thence a writ, 
ccmmandiug the directors, trustees and treasurer of such 
township to cause the amount thereof, with interest and 
costs, to be paid to the party entitled to the benefit of 
S!<|B judgment, out of any moneys, unappropriated, of 
said township ; or if tliere be no such moneys, out of the 
fir^r moneys applicable to the payment of the kind of ser- 
vi>''t>; ur ludi bte'iness for which such judgment sliall be 
oinauied, as provided in section sixty-five of tliis act, which 
shall be received for the use of such township ; and to 
enforce obedience to such writ by attachment, or by raan- 
d utui-. requiring snc!i board to levy a tax for the payment 
of said jui'g'iit nt; and all legal jjiocess, as well as writs to 
enfovce pu^m nts of a jix^gment, sha'l be served either 
on the president or clerk of the board. 



EXAMINATION AND QUALIFICATION OF TEACHERSi 

«iamtnation aiKi ,^ 47. The scliool Commissioner shall, either by lumsclf, 

^eTcuere!""' "^ oi any person or persons, wham he shall appoint, examine 

such person or persons proposing to teach a common school 



19 1865. 

in the county, in relation to his or her qualification to teach 
orthogra])hy5 reading in English, penmanshij). aridimetic, 
English grammar, modern geography, and the history of 
the United States ; and if he or they shall be satisfipd that 
such person sustains a good moral character, and is quali- 
fiad p roperly to teach all the aforesaid brandies, he or 
they shall give such person a certificate of qualification ; 
which cerlificate shall be good and valid in said county 
for two years from the date tliereof, and said certificate 
may be renewed, at its expiration, by indorsement thereon 
by the said commissioner, or examiners. The said cer- 
tificate to the teacher may be in the following form, viz: 

Illinois. — 18 — 



The undersigned having examined , and being Form of ceitia- 

satisfied that sustains a good moral character, here- ''*'^' 

by certify that is qualified properly to teach the fol- 
lowing branches, viz: orthography, reading in English, 
penmanship, arithmetic, English grammar, modern geog- 
raphy, and the history of the United States; whicii cer- 
tificate is good and valid in said county for two years from 
the date iiereof, renewable at the option of the scliool 
commissioner or of any two members of the board of ex- 
aminers, by his or their indorsement thereon. 

Given under hand, at the date afore^iaid. 

A B , School Commissioner. 

C D , 



E F 



Examiners. 



Provided, that each and every school, or schools, of what- Proviso. 
ever grade, established or authorized to be established 
under the provisions of this act, shall be a school or schools 
for the purpose of teaching various branches of an English 
education; and no part of the common school fund, town- 
ship i'und, or of any other school fund, shall be paid out 
or ajjpropriated for the establishing, conducting, or the 
supporting in any manner of any othei character or class of 
school, or schools, as aforesaid designated : P ovided, that 
not.hing herein contained shall prevent the leaching a for- 
eign language in a common school as aforesaid. 

5 48. It sliall be the duty of the school commissioner Meetings for ei- 

(• I 1 T • /• ii • aimnalion of 

to fix upon the time of holding meetings tor the examuia- teachers. 
tion of teachers, in such places in their respective coun- 
ties, as will in their o})inion best accommo late the great- 
est number of candidates for examination ; notice of all 
sucli meetings havincr been published in some newspaper Publication of no- 
of opiieral circulat.i'.m ; and all teachers who do not at*"end 
at I'M- appoiu'el time r)C said examination, sha!' jiny to 
the school commissioner, one dollar for tiieir certificate. 



1855. 



20 



TEACHERS THEIR DUTIES. 

Exhibit ecitia- § 49. No teacher shall be entitled to any portion of 
**'*■ the common school or township fund, or other public fund, 

or be employed to teach any school under the control of any 
board of education of any township in this state, wlio shall 
not, before his employment, exhibit to said board, or to a 
committee of said board, a certificate of qualification ob- 
tained under the provisions of this act ; nor shall any 
teaclier be paid any portion of the school or public fund 
aforesaid, unless he shall have kept and furnished sched- 
ules as herein directed. 
t.-bciji!.-s ^ ^^* Teachers shall make schedules of the names of 

all scholars under twenty-one years of age, attending their 
schools, in the form prescribed by this act ; and when 
scholars reside in two or more districts, townships, or 
counties, separate schedules shall be kept for eacii dis- 
trict, township, or county ; and the absence or presence 
of every scholar sliall be set down under the proper date, 
and opposite the name, on every day that the school is 
open ; and the absence of a sholar shall be signified by a 
blank — the presence by a mark. The schedule to be 
made and returned by the teacher shall be, as near as cir- 
cumstances will permit, in the following form, viz : 



FtKm <ts fched- SCHEDULE of a Common School, kept bi/ A B,at , tn district number ,i» 

ui«. township sixteen north, range Jive, east of the third principal meridian, in the county 
of , in the state of Illinois. 



Names of scholars attending 
my school, and residing in 

district number , in 

township north, range 

west, in county. 



John Smith,. ... 
Isaac M<-slier, .. . 
Sarah Danforth,. 
Mary Newman,. 



U3 

a 

■-5 

c 
o 
S 

2 

__ 

1 

1 


to 

>. 

V 

3 

1 

1 
1 


r- 

*\ 

03 

•c 

C 

1 

1, 

Ij 


00 

S 
1 

1 
1 
1 

1 


OS 

1 

1 
1 


1 

5 , i 

i' 1 

1 1 

1 

1 1 

1 


n 

•c 
c 

1 
1 
1 

1 


cr 
•c 

,c 

1 
1 


to 
a* 

1 
1 
1 
1 


c 
o 

I 
I 
1 
1 


■3 
3 

fn 

1 

1 


e: 

1 

1 

1 

1 


o 

CO 

1 

*_ 

1 
1 
1 


CO 

I 
1 
1 
1 


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1 


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lO 

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1 



Grand total aumber of days, S9 



And said teacher shall add up and set dov;n the whole 
number of days' attendance of each scholar, and add up 
said whole numbers, and make out the grand total number 
of days' attendance, as in the form above prescribed, and 



21 1856. 

shall attach thereto his certificate, which shall be in the 
following form, viz : 

I certify that the foregoing schedule of scholars attend- 
ing my school, as therein named, and residing as specified 
in said sciiedule, to the best of my knowledge and belief, 
is correct; and that it was a school for the purpose of teach- 
ing various branches of an slnglish education. 

A B, Teacher. 

Teachers shall also include in said schedule, or furnish NameBofsouoiarn 
a separate report, containing the name of each scholar, 
and tlie name of each book used by each scholar, and the 
year in which each book was purchased : Provided^ said Proviso. 
schedule shall not include any book reported in a former 
schedule. When the teacher shall have completed his or 
her schedule or schedules, as above required, he or she 
sh all deliver it to some one of the directors or to a com- 
mittee of at least two members of said board appointed 
for the purpose ; and it shall be the duty of said direc- 
tor, in connection with some other director of the board, 
or of said committee, to carefully examine such scIh dule 
or schedules, and after correcting all errors, and if they 
shall find such schedule to have been kept according to 
law, they shall certify to the same, as near as practicable, 
in the following form, viz : ' i^ii; 



iD 



State of Illinois^ ) Form ot e«rtW- 

'^ ^, > SS. cate. 

county <) 

We, the undersigned, directors of the board of education 
in township number , range number , in the coun- 
ty aforesaid, certify that we have examined the foregoing 
schedule, and find the same to be correct, and that the 
school was conducted according to law. That there is 
now due said C D, teacher, as per contract, the sum of 

dollars and cents, and that the said teacher has 

a legal certificate of good moral character and of qualifi- 
cation to teach a common school, (or of such a grade as 
the case may be.) 

Witness our hands, this day of , A. D. 185-. 

A B > 

p |-v' > Directors of the Board of Education* 

Which schedule or schedules, certified as aforesaid, by schedule »« b« 
at least two directors of the board of education, shall be "'*^' 
filed by said directors with the township treasurer; and un- 
til such schedule and report, as aforesaid, shall have been 
filed as aforesaid, it shall not be lawful for said treasurer 
to pay said teacher, or for the board of education, or any 



1855. 22 

two members thereof, to draw an order in favor of said 
teaclier, as provicied in section seventy hereof. 
Director!* limited § 51. SchooI directors shall certify no scliedule that 
tcheduie.' ** " reaches back to a time more than six months from the time 
fixed by law for the regular return and pre-ientation of 
schedules to the school directors. Schedules made and 
certified as aforesaid shall, at least two days befcre tiie first 
Saturday of April and October, be delivered by the direct- 
ors to the township treasurer. 

TOWNSHIP TREASURER HIS DUTIES. 

Treaaursrto give ^ 62. The township trea urer appointed by the board 
"* ' of trustees, as provided in section thirty-four of this act, 

shall, before entering upon his duties, execute a bond, with 
two or more freeholders, who shall not be members of the 
board of education, as securities, payable to the board*of 
the township for which he is ap])ointed treasurer, with a 
sufficient penalty to cover all liabilities which may be in- 
curred, conditioned faithfully to perform all the duties of 

townsliip treasurer, in township , range , in 

county, according to law. The security shall be appro- 
ved by at least a majority of the boaru of education, and 
shall be delivered by one of the directors to the school 
commissioner of tlie proper county. And in all cases 
where such treasurer aforesaid is to have tlie custody 
of all bonds, notes, mortgages, moneys and efF^cts denomi- 
nated principal, and belonging to (he township for which 
he is apj)ointed treasurer, the penalty of said treasurer's 
bond shall be twice the amount of said borids, notes, mort- 
gages, moneys and effects. And every township treasurer 
apj)ointed subsequent to tlie first, as herein provided, shall 
execute bond, with security, as is required of the first trea- 
surer. 

§ 53. The bond required in the foregoing section shall 
be in the following form, viz : 

Farm of bond. State of 1 Ulnois, > ^ 

county^ \ 

Know all men by these presents, titat we, A B, C D and 
E F, are held and firmly bound, jointly and severally, un- 
to the board of — , in said county, in the penal sum 

of — dollars, for the payment of which we bind 

ourselves, our heirs, executors and administrators firm- 
ly by these presents. In witness whereof, we have here- 
unto set our hands and seals this day of , A. D. 

18—. 
The condition of the above obligation is such, that if the 

above bounden A B, township treasurer of township , 

range , in the county aforesaid, shall faithfully dis- 



23 1856. 

charge all the duties of said office according to the Jaws 
which now are or may hereafter be in force, and shall de- 
liver to his successoi in othce ail monej?, books, papers, 
secui'ities and property- in liis hands as such townsliip trea- 
surer, then this obligation to be void, otherwise to remain 
in full force and virtue. 

A B — ■■ — , [seal.] 

C D , [SEAL.J 

E F , [seal. J 

Approved and accepted by G H, ^ ^ .^^,^„^, ^y^^^ ^^^^^ 

rr r i of Eclucation. 
K L, 3 -^ 

§ 54. Every township treasurer shall provide himself "^^j;;"^^'!^"; 
with two well bound books, the one to be called a cash i^^oks and ueej* 

111 1 1 1 1 TT I 11 I 1 ■ ^c • account of rao- 

Dook, the other a Joan book. He shaii charge himseli m ney received. 
the cash book with all money.? received, stating the charge, 
when, from whom and on what account received; and credit 
himself with all moneys paid or loaned, the amount loaned, 
the date of the loan, the rate of interest, the time when 
payable, the name of the securities, or if real estate be ta- 
ken, a description of the same. He shall also enter in 
separate accounts moneys received and moneys paid out, 
charging the first to debit account, and crediting the lat- 
ter as follows, to wit : 1st. The principal of the township 
fund, when paid in, and when paid out. 2d. The interest 
of the township fund, when received, and when paid out. 
3d. The common school iund and other funds, when re- 
ceived from the school commissioner, and when paid out. 
4lh. The taxes received from the county collector, dis- 
tinguishing between that for general school purposes and 
that levied for the purpose of prolonging schools, as pro- 
vided in section seventy-iive of this act. 5lh. Donations 
received. 6th. Moneys coming from all other sources ; 
and in all cases entering the date when received and 
when paid out ; and he shall also arrange and keep his 
books and accounts in such other manner as may be di- 
rected by the state or county superintendent, or the board 
of trustees. He shall also provide a book, to be called a 
journal, in which he shall record fully and at length the 
acts and proceedings of the board, their orders, by-laws 
and resolutions ; which book shall be at all times sub- 
ject to the inspection of said board, or other persons au- 
thorised by this act, or of any committee appointed by 
the inhabitants of the township to examine the same. 
And he shall also provide a book to be called a re- 
cord, in which he shall enter a brief description of all 
notes or bonds belonging to the township, and upon the 
opposite page he shall note down when paid, or any re~ 



1856. 



24 



marks to show where or in what condition it is, as in the 
following form, viz : 



Makers' 
names. 


Date of note. When due. 


Amount. 


■ 
Remarks. 


A B, C D, 

■RF. 


January 1, | January 1, 
1S59. ! 1845. 


$ 90 00 


January 6, '48, banded to 
I J, esq., for collection (or 
January 6, '47, paid.) 



Township lo loan 
fun lis. 



§ 55. The township treasurer shall loan, upon the fol- 
lowiiig conditions, all moneys which shall come to their 
hands by virtue of their office, except sach as may be sub- 
ject to distribution according to section hereof. The 

rate of interest shall be ten per centum per annum, paya- 
ble half yearly in advance. The lime for which loans 
shaM be made shall not be less than six months, nor more 
than live years. For all sums not exceeding one hundred 
dollars, loaned for not more than one year, two responsi- 
ble securities shall be given ; for all sums over one hundred 
dollars, and for all loans for more than one year, security 
shall be given by mortgage on real estate, unencumbered, 
in value double the amount loaned, with a condition that 
in case additional security shall at any time be required, 
the same shall be given to the satisfaction of the board of 
trustees for the time being. Notes, bonds, mortgages and 
other securities taken for money or other property, due or 
to become due to the board of trustees for the town^'hip, 
shall be payable to the said board by their corporate name; 
and in such name suits, actions and complaints, and every 
description of legal proceedings, may be had for the 
recovery of money, the breach of contracts, and for every 
legal liability wiiich may at any time arise or exist, or 
upon which a right of action shall accrue to the use of 
this corporation : Provided, however, that notes bonds, 
mortgages and other securities in which the name of 
the school commissioner, or of the trustees of schools, 
are inserted, shall be valid to all intents and purposes; and 
suit shall be bro'ight in the name of the board of trustees 
as aforesaid. The wife of the mortgagor (if he has one) 
shall join in the mortgage given to secure the payment of 
money loaned by virtue of the provisions of this act. 

§ 56. Mortgages to secure the payment of money 
loaned under the provisions of this act, may be in the fol- 
lowing form, viz : 



F»nn of mort- 



I, A B, of the county of 



and state of 



do 



hereby grant, convey and transfer to the board of trus- 
tees of township , range , in the county of , 

and state of Illinois, for the use of the inhabitants of said 



25 1855. 

township, the following described real estate, to wit : 
(Here insert the premises.) Wliich real estate I declare 

to be in mortgage for the payment of -f loaned to me, 

and for the payment of all interest that may accrue there- 
on, to be computed at the rate of per cent, per annum 

until paid. And I hereby covenant to pay the said sum 

of money in years from the date hereof, and to 

pay interest on the same at the rate aforesaid, half yearly 
in advance. I further covenant that I have a good and 
valid title to said estate, and that the same is free from all 
incumbrance ; and that I will pay all taxes and assessments 
which, may be levied on said estate ; and that I will give any 
additional security that may at any time be required by 
said board of education; and if said estate be sold to pay 
said debt, or any part thereof, or for any failure or refusal 
to comply with or perform the conditions or covenants 
herein contained, I will deliver immediate possession of 
the premises And in consideration of the premises, C, 
wife of said A B, doth hereby release to the said board all 
her right and title of dower in the aforegranted premises, 
for the purposes aforesaid. 

In testimony whereof we have hereunto set our hands 

and seals, this day of , 18 — . 

A B . [seal. J 

C D . [SEAL.J 

Which mortgage shall be acknowledged and recorded Mortgage to b« 
as is required by law for other conveyances of real estate, 
the mortgagor paying the expenses of acknowledgment 
and recording, and fifty cents as a fee to the township 
treasurer. 

§ 57. Upon the breach of any condition or stipulation 
contained in said mc-rtgage, an action may be maintained 
and damages recovered as upon other covenants ; but 
mortgages made in any other form to secure payment as 
aforesaid shall be valid as if no form had been prescribed. 
In estimating the value of real estate mortgaged to secure 
the payment of money loaned under the provisions of this 
law, the value of improvements liable to be destroyed 
shall not be included. 

§ 58. In all cases where the board of trustees shall Additional wen- 
require additional security for the payment of money 
loaned, and such security shall not be given, the township 
treasurer shall cause suit to be instituted for the recovery 
of the same, and all interest thereon, to the date of judg- 
ment : Provided^ that proof be made of the said requisi- proviso. 
tion. In the payment of debts by executors and adminis- 
trators, those due the common school or township fund 
shall have a preference over all other debts, except fune- 
ral and other expenses attending the last sickness, not in= 



1855. 26 

eluding the physician's bill. And it shall be the duty of 
the townsiiip ti;;as;i! tr to attend at the office of the pro- 
bate justice upon the proper day, as other creditors, and 
have any debts due as aforesaid probated and classed, to 
be paid as aforesaid. 
Befanit In pay- § 59. jf default be made in the pavment of interest 

inent of interest ^ ini 11 •■ 

due U[)on money loaned [by) any school comnussioner or 
township treasurer, or in the payment of the principal, 
interest at the rate of twelve per cent, per annum shall 
be charged upon the principal and interest from the day 
of default, wiiich shall be included in the assessment of 
damages, or in the judgment in suit or action brought up- 
on tlie obligation to enforce payment thereof: and inter- 
est as aforesaid maybe recoxered in action brought to re- 
Bring suttfl. cover interest only. And the said township treasurers 
axC hereby empowered to bring approj)riate actions, in the 
name of the board of trustees, for the recovery of the half 
yearly interest, when due and unpaid, without suing for 
the principal, in whatever form secured, and justices of 
the peace shall hav^e jurisdiction in such cases of all sums 
under one hundred dollars. 
Ausnits and ac- S 60. All suits brouffht, or actious instituted under the 

tions to be bro't ■^ . . ^,. 1. u U Ut. • .H e 

in the name of provisions oi this act, may be brought in the name of 

ttie board. ^^^ "bodrd trustees, of township , range ," except 

as is provided for action qui tarn in this act, or in favor of 
school commissioners. The townsliij) treasurer shall de- 
mand, receive and safely keep, according to law, ell mon- 
eys, books and papers of every description belonging to 
his township. He shall keep the townsliip fund loaned at 
interest; and if on tlie first Monday of April in an) year 
there shall be any interest or other funds on hand which 
shall not be required for distribution, such amount not re- 
quired as aforesaid siiall forever be considered as principal 
in the funds to which it belongs, and loaned as such. 
Statement to be § 61. On the lirst Monday s ot April and October, of 

Mi'tf oc'tober.^"' evcry year, the township treasurer shall lay before the 
board of trustees a statement, showing the amount of in- 
terests, rents, issues and profits that have accrued or be- 
come due since their last regular half yearly meeting, on 
the township lands and townsiiip fund?, and also the amount 
of state and county fund interest on hand. He shall also 
lay before t!ie said trustees all book'?, notes, bonds, mort- 
gages, and all other evidence of indebtedness belonging to 
the township, for tiie examination of the trustees, and shall 
make such other statement as the board may require touch- 
ing the duties of his office. 

icenaity. i^ 62. For any failure or refusal to perform all the du- 

ties required of township treasurer by law, he shall be li- 
able to the board of trustees upon his bond, to be recover- 



27 1856. 

ed by action of debt by said board, in tbeir corporate 
name, for the use of the prc})er township, before any court 
having jurisdiction of ti)e amount of damages claimed ; 
but if said treasurer, in any such failure or refusal, acted 
under and in conformity to a requisition or order of said 
board, or a majority of them, entered upon tiieir journal 
and subscribed by their president and clerk, then and in 
that case the members of said board aforesaid, or those 
of them voting for said requisition or order as aforesaid, 
and not the treasurer, shall be liable, jointly and seve- 
rally, to the inhabitaiits of the township, to be recover- 
ed by action of assumpsit, in the official name of the 
school commissioner, tor the use of the proper township. 

§ 63. When a township treasurer shall resign, or be Bonds, mon gage* 
removed, and at the expiration of Isis term of office, he iive'rcd°to^Bn«- 
shall pay over to his successor in office all money on hand, lessor. 
and deliver over all books, notes, bonds, mortgages, and 
all other securities for money, and all papers and docu- 
ments of every description, in which the corporation may 
have any interest whatever, and in case of the death of 
the township treasurer, his securities and legal representa- 
tives shall be bound to comply with the requisitions of 
this section. And for any failure to comply with the re- 
quisitions of this section, he shall be liable to a penalty of 
not le^s than ten, nor more than one hundred dollars, at 
the discretion of the court before which judgment may be 
obtained ; and the obtaining or payment cif said judgment 
shall in nowise discharge «r diminish the obligation of his 
official bond. 

TOWNSHIP AND COUNTY SCHOOL FUNDS. 

§ 64. All bonds, notes, mortgages, and other evidence school fund to m 
of indebtedness, moneys and effects, in the hands of any pai'^in^o'eruin 
school cotr,missioner, trustee of schools, township treasu- '='''^**- 
rer, or other officer, or person, and belonjnng to any coun- 
ty or township, and wliich iiave hereioiore accrued, or 
may hereafter accrue from the sa'e of the sixteenth [sec- 
tion,] or of the common school lands of any township or 
county, or for the sale of any real estate or other property 
taken for any debt, or on any judgment, 6ue to the prin- 
cipal of any county or townslnp fund, and all surplus in- 
terest and other funds which have been, or sl.'all hereaf- . 
ter be, carried to and made part of the princijial of any 
township or county funds, by any law which has hereto- 
fore been, or may hereafter be enacted, in the hand of any 
county, township, or otiier officer, or person, and be- 
longing to any county or township, and all sums arising 
from the loaning or re-loaniiig of the principal of any 



1855. 28 

township or county fund, are hereby declared to be, and 
shall forever hereafter constitute the principal of the town- 
ship or county fund, to whichever it may respectively be- 
long, and no part thereof shall ever be distributed or ex- 
pended for any purpose whatever, except the interest, 
rents and profits thereof, but shall be loaned out, and held 
to use, rent or profit, as herein, heretofore, or may here- 
after he, provided by law. 
rnnd to be appii- ^ 65. So mucli of the school moneys coming into the 
mentof teachers hands of the towuship treasurer, which has been, or may 
be derived from the state tax, stale fund, or common 
school fund of the state, or from any township tax funds 
levied for the purpose of continuing the terms of schools, 
after the state funds have been exhausted, as provided in 
section seventy (70) hereof, shall be applied only to the 
payment of teachers, in the respective townships to which 
such fund belongs, and shall be drawn from the treasury 
for no other purpose whatever ; and all other school funds, 
paid into the township treasury, arising from taxation, or 
from other sources, and the interest of the township fund, 
not otherwise specifically directed to be applied by this 
act, shall be applied and expended, under the direction 
and at the discretion of the board of directors of the dis- 
trict to which such funds belong, in procuring school 
house sites, and improving the same, in building, repair- 
ing, and furnishing school houses, in the payment of com- 
pensation to township treasurers, and other school pur- 
poses, as such board are authoiised to make under the 
provisions of this act: Provided, however, that nothing 
herein shall be so construed as to prevent the application 
of said school funds to the payment of teachers, when ne- 
necessary, in the opinion of said board, so to apply them, 
or any part thereof, 
uoneyh.w paid § 66. All moueys and school funds, liable to distribu- 
'"*' lion, not being principal, paid into the township treasury, 

or coming into the hands of the township treasurer, shall 
be paid out only on the ord^r of the proper board, signed 
by their president and clerk ; and for all payments made, 
receipts sfiall be taken and filed ; and in all such orders 
shall be stated the purpose for which or en what account 
drawn ; and all such orders may be in the following form, 
to wit : 

iformof order. The trcasurcr of township number ™~ , range number 

, in — county, will pay to or bearer. 



dollars and cents, (on Lis contract for repairing 

Stilpiiur Spring school house, or otherwise, as the tlie case 
miy be.) By order of the boara of said town- 
ship. A B, President. 
C D, Clerk. 



29 1856. 

Wiiich, together with the receipt of the person to whom 
paid, shall be filed in the office of the township treasurer : 
Provided, however, the township treasurer may pay to proviso. 
any teacher his wages, on such teacher presenting a cer- 
tificate of the amount due him, and an order for the same, 
by any two members of the board ot directors, and on said 
teacher filing with said treasurer a true copy of his certifi- 
cate of qualification, certified by the said two members to 
be such as is required by law ; which certificate and or- 
der as aforesaid shall be appended to the aforesaid true 
copy of said teacher's qualification ; which certificate and 
order may be in the following form, viz : 



We the undersigned directors, of in township Form ct certiti- 

range number , in the county of — — , hereby certify 

the foregoing to be a true copy of A B, teacher's certifi- 
cate of qualification, and is such as is required by law, to 
qualify (him or her) to teach in the school which (he or 
she) has taught, and we further certify that the amount 

due said A B is dollars and cents ; which amount 

the treasurer of said township is hereby required to pay. 

Given under our hands — - — this day of , 18 — . 

^ T-k' \ Directors. 
C D, \ 

To E. D, Township Treasurer, T. R. . 

Which, on payment being made, the treasurer shall file Treasurer to «• 
in his office, together with said teachers's receipt for the ^'^^^^^^' 
amount paid. But no order shall be drawn, or paid, in 
favor of any teacher, until his or her schedule shall have 
been completed and filed, as provided in section fifty 
of this act, nor until he or she shall have complied with 
all his or her duties as prescribed bylaw. 

COMMON SCHOOL FUNDS. 

§ 67. The common school fund of this state shall con- Common school 
sist of such sum as will be produced by the annual levy ^"°'^' 
and assessment of two mills upon each dollar's valuation 
of all the taxable property in the state, and there is here- 
by levied and assessed annually, in addition to the re- 
venue for state purposes, the said two mills upon each 
dollar's valuation of all the taxable property in the state, 
to be collected and paid into the state treasury as other 
revenue is collected and paid; and the amount due from 
the state, according to a statement and settlement of the 
account between tlie state and that fund, under the pro- 
visions of an act entitled an "An act lo provide for the 
distribution and application of the interest on the school, 
college and seminary fund," approved on the seventh of 



1855. 



30 



state to pay In- 
terest. 



DUiy of auditor. 



February, one thousand eight hundred and thirty- five, and 
of all funds which have been or may be received by the 
state fi'ani the United States, for the use and support of 
coaiinon scliools, and also of the money added to the com- 
mon school fund vviiich was received from the United 
States under an act of congress providing for a distribu- 
tion of the surplus revenue of the United States, and 
v/hich was invested in bank stock, by authority of the 
state, and ol the amount added to the school fund under 
an act requiring the three per cent, fund to be invested 
in state bonds : P ruvided^ that in cases where, heretofore, 
the state taxes have not been collected in any county, 
such county shall not be entitled to a distribution of the 
college, seminary and school fund, for the period of time 
that no such taxes have been collected, and that tiie por- 
tion of the fund aforesaid shall in such cases be distribu- 
ted wit'.iout regard to such county. 

§ 68. The state shall pay an interest of six per cent, 
per annum upon the amount of the aforesaid common 
school funds, except on so much thereof as may be realised 
from the levy of tiie tax directed to be levied under the 
provisions of this act, which shall be paid annually, and ap- 
plied to the support of common schools, as herein provided. 
The state shall also pay, as aforesaid, and at the same 
time, an interest of six per centum per annum upon the 
amount due the college and seminary fund ; which in- 
terest shall be loaned to the commDn school fund, and 
known in this law and applied in all cases as interest on 
the common school fund as aforesaid. 

§ 69. On tiie first Monday in January, in each and ev- 
ery year, next after taking the census of the state, the au- 
ditor of public accounts shall, under the supervision of the 
commissioners of the school fund of the state, ascertain the 
number of whito children in each county in the state, un- 
der twenty-one years of age, and shall thereupon make a 
dividend to each county of two- thirds the sum from the 
tax levied and collected under tlie provisions of the sixty- 
seventh section of this act; and the interest due on the 
school, college and seminary fund, in proportion to the 
number of white children in each county under the age 
aforesaid, and of the remaining one-third, in proportion to 
the number of townships and parts of townslaps in each 
county, and issue his warrant to the school commissioner 
of eacli county upon the collector thereof. And upon pre- 
sentation of said warrant by the school commissioner to the 
collector of his county, said collector shall pay over to the 
school commissioner the amount ot said warrant out of the 
first specie funds which may be collected by him, and not 
otherwise ap})ropriated by law, taking said commissioner's 
receipt therefor j and on settlement with the auditor, said 



31 1856. 

collector shall be credited with the amount specified in 
said receipt, in the same manner as if it had been })aid in- 
to the treasury. Dividends shall be made as aforesaid, 
according to the proportions ascertained to be due to each 
county iiunually thereafter, until another census shall have 
been taken, and then dividends shall be made and contin- 
ued as aforesaid, according to the last census: Provided, that Proviso. 
if any coUectoi' shall fail or refuse to pay, in gold or silver, 
the amount of the aforesaid warrant, or any part tliereof, 
by the first day ol March, annually, or so soon th.ereafter 
as it may be presented, it shall be competent for the school 
commissioner to proceed against said collector an ! his se- 
curities, in an action of debt^ in the county court; which 
court is hereby vested with full power and authority to 
hear and determine ail sucli suits, render judgment and 
issue execution, or said suit may be brought in any 
court having jurisdiction; and the said collector sliall pay 
twelve per centum, to be assessed as damages upon the 
amount due, and which shall be included in the judgment 
obtained against him. 

ADDITIONAL TAXES IN TOWNSHIPS FOR SCHOOLS. 

§ 70. At each meeting in October, or at any subse- Additional taxe* 
queut meeting thereafter, before, the fijst day of May, an- ™*' 
nually, each township board of trustees in tins state shall 
determine, by estimate, as nearly as practicable, the en- 
tire amount of money necessary to be exj)ended in the 
towiiship to keep in good condition and opt-ration a suffi- 
cient number of free schools for the accommodation of all 
the children in said township during the ensuing year, 
over and above the available means arising from the town- 
ship fund, or from other sources, and applicable to gene- 
ral school purposes, and also such additional amount as 
the ho'^rd may think necessary for the exclusive purpose 
of ^applying any deficiency in the fnnd for the payment of 
teaihers, and for the purpose of extending the terms of 
schools after the state or common school fund shall have 
been exhausted; and shall determine, as ne.irly as practica- 
ble, what rate per cent, on the one hundred dollars' valu- 
ation of all the taxable property in the fownsliip, each of 
said amounts separately, will require to be levied; each of 
which rates so estimated and required to be levied, to- 
geiher with a list of the names of all the resident tax pay- 
ers of the township, the said board shall make known by 
certificate in writing, signed by the president and clerk of 
the )oard, to the clerk o; the county court of the count)", 
on lo- before tlie first Mondiy of July next thei-eafttr in 
eacii year; which certifi^at'i may be in the following form, 
viz : 



1865. 32 



Form of certifl- We, the Undersigned, president and clerk of the board 
'^'"®' of trustees of township No, — , range No. — , in the coun- 
ty of , and state of Illinois, do hereby certify that said 

board liave estimated and required to be levied for the 
year 18 — , the rate of , for general school purpo- 
ses, and tlie rate of , for paying teacliers and ex- 
tending terms of schools, on each one iumdred dollars' val- 
uation of taxable property in said township. Given under 

our hands, this day of ^ 18 — . 

A B , President. 

C D , Clerk. 

Vytaxtorbuiidl § '^^' ^ ^^ ^^^ purposc of erecting school houses, or 
ing and fui- purchasino; school house sites, or for the repairing and im- 

nlshlng school ' . .'-* ^ • l- '^ c \ \ \- , • ^ 

booses. proving the same, tor procuring iurniture,tuel and district 

libraries, the board of directors of any district shall be au- 
thorized to have levied and collected a tax annually on all 
the property in their district, by furnishing a certificate 
similar to the one required by the provisions of this sec- 
tion, from trustees of schools. 

Dnty of wunty § 72. According to t!ie rate or rates certified as afore-- 
*' ' said, the said county clerk, when making out the tax books 

for the collector, shall compute each taxable person's tax 
in said township, or that part of the township in the coun- 
ty, or in any district, taking as a basis the total amount of 
taxable property returned by the county assessor for that 
year, lying and being in said township, part of township 
or district, whether belonging to residents or non-resi- 
dents, and also each and every tract of land assessed by 
the assessor, which lies, or the largest part of which lies, in 
said township or part of township or district. Tiie said coun- 
ty clerk shall cause each person's tax so computed to be set 
upon the tax book, to be delivered to the county collector for 
that year, in a separate column, against each tax payer's 
name, or parcel of taxable property, as it appears in said 
collector's books, to be collected in the same manner, and at 
the same time, as state and county taxes are collected. The 
computation of each person's tax, and the levy made by the 

Provuo. clerk, as aforesaid, shall be final and conclusive : Provided, 

the rate sliall be uniform, and sliall not exceed the rate cer- 
tified by the township board of trustees or directors and 
the said county clerk, before delivering the tax books to 
the collector, shall make out and deliver, on demand, to 
each township treasurer, or other authorised person, of 
the respective townships, or part of townships, in the 
county, a certificate of tlie amount due his township, of 
said tax so levied and placed upon the tax books ; and on 
or before the first day of April next after the delivery of 
the tax books containing the computation and levy of said 
taxes aforesaid, or so soon thereafter as the township 



3* 1855. 

treasurer, or other authorized person, shall present the 
■aid certificate of the amount of said tax, and make a de- 
mand therefor, the said county collector shall pay to said 
township treasurer, or other authorised person, the full 
amount of said tax, so certified by the county clerk, re- 
taining from said amount only two per centum, as his feet 
tor collection, taking of the township treasurer, or other 
authorized person, his receipt therefor; which receipt 
shall be evidence, as well in favor of the collector as 
against the township treasurer, or other authorised person 
for him ; and said treasurer, or otiier authorised person 
for him, sliall enter the same in. separate accounts, in 
his cash book, distinguishing between that part of said 
account for general school purpo.ses, and that for paying 
teachers and extending the terms of schools, and pay the 
same out as provided for by this act. 

^ 73. If any collector shall fail to pay the amount of p»m>««» 
said tax, or any part thereof, as required in the aforesaid 
section, it shall be competent for the township treasurer, 
or other authorized person, to proceed against such col- 
lector and his securities in an action of debt in the county 
court ; which court is hereby vested with full power and 
authority to hear and determine all such suits, render 
judgments and issue execution; or said suit may be brought 
in any other court having jurisdiction ; and the said collec- 
tor, so in default, shall pay twelve per centum upon the 
amount due, to be assessed as damages, which shall be in- 
cluded in the judgment rendered against him : Provided^ 
no collector shall be liable for such part of said tax as he 
shall be able to make appear he could not have collected 
by law, until lie may be able to so collect such amount. 

§ 74. When a township is or shall hereafter be situated °/e?oni1dto*^{w» 
in two or more counties, the certificate, of the rate of tax- of county .owt. 
ation, required in the sixty-ninth (69) [section] of this act, 
shail be returned to the clerks of the county court of each 
of such counties, furnishing to each clerk the names of 
the resident tax payers of that part of such township 
which lies in his county, and each of said clerks shall pro- 
ceed in all respects, as regards the taxable residents and 
taxable property of that part of such township situated 
in his county, as required by the seventy-second section 
of this act, and for the purpose of enabling the trustees of 
townships, or school directors to make the estimate of taxes 
required as provided in section seventy-two, the county 
clerk of each county siiall furnish to the clerk of each of said 
boards, the total amount of valuation of the taxable pro- 
perty of each township, part of township, or district re- 
spectively, as returned by the assessor of the previous 
year; and to enable the clerk of the county court to per- 
form this duty for the first estimates of the boards, as 
3 



1855. 



34 



aforesaid, the clerks of said boards, respectively, shall fur- 
nish to said county clerk- alistofall the names of the resident 
tax piiyers ot tiie previous year in said townsliip or part of 
township or district, in the county, and thereafter said list of 
Power to borrow naniesshali befurnisiied as provided in sectionsevent} of this 
money. ^^^^ p^^^. ^j^^^ purpose of erecting school houses, or purcha- 

sincj schu.d house sites, or for rejiairing and improving tho 
sajne, it shall be lawful for the board of diiectors of any 
di»{i ict to liorrow numey at a rate of interest not exceeding 
ten j.er cent, per annum, and issue bonds tlit-refor in sums not 
lf>< lli.jn one bundled dolhirs ; wliich bonds shall lit exe- 
proviso cut. d by the president and cb-ik of said board : I'n/t/c/ed, 

that thrj total indebtedness incurred by any distiirt under 
this section, shall not at any time exceed one per centum 
of the assessed value of the real and personal property of 
said district. 

COMPENSATION OF OFFICERS. 



Compensation of § ^5. Schooi commissiooers shall be allowed to retain, 
school conimiB- Qyf qJ' the township funds of tiie township for whicii the 
services ma} be rendered, three percent, upon the amount 
of sales of school lauds, and upon the real estate t.tk» n for 
debt, for their services in making such sales, including 
such other services connected therewith as are required 
by the provisions of this act, and two per cent, they may 
retain upon the amount of all sums distiibuted, paid or 
loaned out by them for the supj)ort of sciiools; and for 
visiting scho('is, ihey shbll be allowed to retain two dollars 
per (lay, for any number of days not exceeding fifty during 
anv year, which account sliall be certified and sworn toby 
the commissioner of each county. 

§ 76. Townshij) treasurers shall be allowed to retain 
twi) per cent upi.n all sums paid out, or loaned by thera : 
F/-//ri//('d, /icwertr, the boards of trustees may reduce 
Sail! ccmp' nsation; and said boards shall, and it is hereby 
ntmic tlieir duty, to make a reasonable allowance to said 
tn ;-.-n)ers for their services performed as clerks of said 
bii.Mti>, to be j>aid out of the townsltip funds. School com- 
missioners, trustees of schools, school directors, and all 
other school officers, shall be exempted from working on 
the roads, serving on juries and military dut}'. 



Township treaiii 
nr. 



LIABILITIES OP OFFICERS. 



Liahiuties of om- § 77. If any school commissioner, trustee of schools, 
*'*^™* township til asurer, dire( tor, or any other person entrust- 

ed with tl!(! care, control, management, or disposition of 
any sefiool, college, seminary, or township fund, for 
the use of any count}', township, district, or school, shall 



35 1855. 

convert any such Funds, or any portion thereof, to his own 

use, he shall be liable to indictment, and upon conviction, '' 

shall be fined in not less than double the amount of money 

converted, and imprisoned in tire county jail not less 

than one or more than twelve months, at the discretion of 

tlie court. 

§ 78. Trustees of schools shall be liable, jointly and 
severall}^, for the sufficiency of securities taken trom town- 
ship treasurers; and in case of judgment against said trea- 
surers and their securities, for or on account of any de- 
fault of any such treasurer, on which tlie money shall 
not he made for want of sutficient property whereon to 
levy execution, actions on the case may be maintained 
against said trustees, jiiiiily or severally, and the amount 
oiot collected on said judgment shall be recovered with 
costs: Frovided, that if said trustees can show, satisfac- 
torily, that the security taken from the treasurer as afore- 
said was at the time of said taking -good and sufficientj 
"they shall not be liable as aforesaid. 

§ 79. The real e-staie of school commissioners, of town- Lien vp<m rea- 
ship treasurers, and ail oilier school officers, and of the ofprnLT™ '^**^ 
•securities of each of them, shall lie bound for l!ie satisfac- 
tion and payment of all clafms and demands against said 
commissioners and treasurers, and other ofiicers, as such, 
from the date of issuing process against them, in actions 
or suits brought to recover such claims or deinan^'-s, until 
sati.sfictionttiereof be obtained ; and no sale or alienation 
of real estate by any commissioner, treasu: or or otlier offi- 
cer, or security aforesaid, shall defeat the lein creatt-d by 
this section, but all and singula"'' sucli real estate held, 
owned, or claimed as af tresaid, shall be liable to be sold 
in satisfaction of any judgment which may be obtained ia 
such actions or suits. 

§ 80. Tru.*:tees of schools, school directors or either Faille -t<».EBSM 
•of them, failui'i or n fu^ihii to make returtjs of children »'«'"'t>' 
in ti.eir township, or -di^^triet, accoixling to the ]>ro\ isicins 
of Uiis act, or if either f4 them >>iiali knowingly make a 
fal^e return, the ])ar!y so offenilii-ig sii.ill he liable to a 
■pen-tlty of not less than ten dollars nor moi\? than one 
hundred (Jollary, to be recovered by action of JS-smnpsit, 
bef>ie any justice of the peace of the county, which pen- 
alty, when collected, eliall be added to the townshijtfund^ 
and if any school commissionei, director or trustee, or 
eitlur of them, or othei- otiieer whose duty it is, shall neg- 
ligently or wilfully fail or refuse to make, furnish, ot com- 
OTuni ■ste tiie statistics and uifoi-mation, or shall fail to 
disciiarge the duties m j >hu d np-on them, or either of 
the»ri, at the time and in ti-e maihUC'r required by the pro- 
vi;io";iS of sections nineteen and tiirty-eight of this act, such 
delmquent or party oiFendiKg shiill be liable to a fin* of 



3866. 36 

twenty-five dollars, to be recovered before any justice of 
the peace, on information in the name of the pe ople ot the 
state of Illinois, and when collected shall be paid to the 
school commissioner of the proper county for the use of 
schools. 
3cho«t comratB- § 81. School commissioners, trustees of schools, di- 
abTe^m cel'tam rectors and townsiiip treasurers, or either of them, and 
*"•■"*■ any other officer having charge of school funds or proper- 

ty, shall be responsible for all losses sustained by any 
county, townsiiip, or school fund, by reason of any failure 
on his or their part to perform the duties required of him 
or them by this act, or by any rule or regiiiatian author- 
ised to be made by this act; and each and every of the 
officers aforesaid shall be liable for any such loss sustain- 
ed as aforesaid, and the amount thereof may be recovered, 
in a civil action, before any court having jurisdiction there- 
of, at the suit of tlie state of Illinois, for tlie use of the 
county, township, or fund injured ; and the amount, when 
collected, shall be paid to the proper officer, for the bene- 
fit of said county, township, or fund injured. 

COST, TENURE OF OFFICES AND CONTRACTS UNDER FORMER 

LAWS. 



tain cftsest 



yio cost to be § 82. No justice of the peace, probate justice, consta- 
ble, clerk of any court, or shtrifF, siiall charge any costs, 
in any suit wJjere any agent of any school fund, suing for 
the recovery of the same, or any interest due thereon, is 
plaintiff, and shall be, from ai\y cause, unsuccessful in 
such suit. School comn)issioners appointed heretofore 
shall continue in office until superseded according to the 
provisions of this act, and their duties, responsibilities, 
and powers shall be governed by tiie provisions herein 
T«onre ot office, named. Trustees of school lands heretofore appointed, 
and trustees of schools heretofore elected, shall, also, con- 
tinue to discharge the duties of their office until trustees 
of schools are elected under the provisions of tiiis act. 
Townships heretofore incorporated shall, without any 
further action or proceeding, be considered as incorpora- 
ted under the provisions of tiiis act, and the trustees and 
other officers shall continue to discharge their duties till 
suspended by appointment or election under this law ; and 
all school directors and officers heretofore appointed, shall 
continue in office until superseded by the election as provi- 
ded in this act, and shall be governed by the provisions of 
the laws heretofore in force, unless otherwise directed by 
LeMM rem»in tliis act. Leascs of school lands shall remain valid and be 
T«iM. executed according to the laws under which they were 

made. Common school lands valued and offered for sale 
and remaining unsold shall be sold upon terms prescribed 



37 185&. 

by this act. All taxes levied and contracts made undeir 
the laws hereby repealed shall remain valid, and alln£;hts, 
remedii-s, defences, and causes of action existing, or wiiich 
smay Hereafter exist or arise, under or by virtue of said 
repealed laws, shall continue and remain valid, and shall be 
enforced, notwithstanding the repeal of said laws, unless 
canceled according to tiie provisions of this act. 

OF CITIES AND INCORPORATED TOWNS. 

§ 83, Tliis act shall not be so construed as to repeal Of dtics ««! la- 
or change, in any respect, any special acts in relation ^^•''p*^*''^'^ *"*■''*' 
to schools, in cities or incorporated towns, except that it 
shall be the duty of the several boards of education, or 
other officers, of any city or incorporated town, having in 
charge schools under the provisions of any of the said 
special acts, or of any ordinance of ajiy city or incorpora- 
ted town, on or before the second Monday of October, 
preceding each regular session of the general assembly of 
this state, or annually, if required so to do by the state 
superintendent, to make out and render a statement of all 
such statistics and other information in regard to schools, 
and the enumeration of children, or white persons, as are 
required to be communicated by township boards of trus- 
tees or directors, under the provisions of the thirty-eighth 
(38) section of this act, or so much thereof as may be ap- 
plicable to said city or incorporated town, to the school 
commissioner of the county where sucli city or incorpora- 
ted town is situated, or of the county in which the larger 
part of such city or town is situated; nor shall it be law- 
ful for the county school commissioner, or any other officer 
or person, to pay over any portion of the common scho<jl 
fund, to any local treasurer, school agent, clerk, board of 
education, or other oliicer, <jr person, of any township, 
city, or incorporated town, unless a report ot the numbes* 
of children, or white persons, and other statistics relative 
to schools, and a statement of such other information, as 
are required of the boards of trustees or directors as afore- 
said, and of other sch-ool offic'ers and teachers under tlie pro- 
visions of this act, shall have been filed, at the time or 
times aforesaid, specilied in this sectioi:i, v/ith the scJiooJ 
commissioner of th€ prop^.r county, as aforersaid-. 

SCHOOLS OF PERSONS OF COLOR., 

§ 84. In townships in which th-sre shall be persons oi'S^hooie<i{j>tsnm.< 
color, the board of education shall allow such j)ersons a 
portion of the school fund, equal to the amount of taxes 
■collected for school pursons from such persons of color 
an their respective townships. 



1855. 



3S' 



COxMMOiN SCHOOL LANDS. 



•oiaiuoa- 



iftyoi § 85. Section number sixteen in every township grant- 
ed to the state by the United States tor tlie use oC schools, 
and such sections and parts of sections as have been or may 
be granted as aforesaid, in lieu of all or part of section' 
num[)er sixteen, and also the lands wlucli have been or may 
be selected and granted as aforesaid, for tlie use of schools,. 
to the inhabitants of fractional townships in whicli theieis: 
no section number sixteen, or where such section shall not 
contain the proper proportion for the use of schools in such 
fractional townshij), shall be held as common school landsp 
and tlie provisions of this act referring to common school, 
lands shall be deemed to apply to the lands aforesai<d. 

§ 86. All the business of such townships, so far as re- 
i'ates to common s'chool lands, shall be transacted in that, 
county which contains all or a greater portion of said lands.. 
If any person siiall, without being duly authoriaed, cut,. fell,, 
box, bore, destroy or carry away any tree, sapling or log^ 
standing or being upon any school lands, such per- 
son siiail forfeit and pay for every tree, sapling o-r log sO' 
felled, boxed, bored, destroyed or carried away,, the sum. 
of eight dollars ; which penalty shall be recovered, withi 
costs of suit, by an action of debt or assumpsit, before any 
justice of the peace having jurisdiction of the amount claim- 
ed, or in the county or circuit court, either in the corpo- 
rate name of the board ol trustees of the town&hip to which 
the land belongs, or by action of qiti ta7n, m the name 
of an}' person who will first sue for the same — one half for 
the use ol the person suing, the other half to the use of the 
township aforesaid. When two or more persons shall b& 
concerned in the same trespass, they shall be jointly and 
severally liable for the penalty herein imposed. Every 
trespasser upon common school lands shall be liable to in- 
dictment, and upon conviction, fined in three times the 
amount of the injury occasioned by said trespass, and shaU 
stand committed as in other cases of misdemeanor. AIJ? 
penalties and fines collected under the provisions of this- 
section siiali be paid to the township treasurer, and be ad- 
ded to the principal of the township fund ; and all othey 
fines, penalties and forfeitures imposed or incurred in any 
of the circuit courts of this state, op collected by justice* 
of the peace or other county officers, except fines collect- 
ed in incorporated towns o? cities, for tihe violation of the- 
by-laws or ordinances of said towns or cities, shall be paid- 
fco the school coiBuiissioner of tho county where such fines,, 
penalties and forJeitiH'es have been collected, and the sams 
shall be distributed by said commissioner in the same man- 
ner as the common school funds of the state are distribu- 
ted 5 and if any county officer or justice of the peace alors- 



39 1856. 

•aid sljall fail or refuse to pay as aforesaid, after collec- 
tion. ?uv\\ (laicer or i'l^iice of the tu^ace so failing' or re- 
fiisusg to pay as aforesaid shall forfeit and pay double the 
amoufit of such fine, pt-rsflhy or forfeiture as aforesaid, col- 
lected h\hiin,to he recuvtred before any court having ji\- 
risdictioMj in a civil actifMHj at the suit of the school cum- 
misjioncr. 

SALE OF C03IMON SCHOOL LANDS. 

§ 87. When the inhabitants of any townsln'p or frac- saie of Bcho&i 
tional township shall desire the sale of the common scliool '''°^^° 
land of the to\vr!?hip or iVactional townsiiip, thev shall pre- 
sent a petition to the school commissioiier of ihe county in 
whicli the school lands of the township, or the greater part 
thereof, He, for the sale thereof; which petition shall be 
signed by at least two tidrds of the white male inhabitants 
of the towijsliip or fractional township of and over twenty- 
one years of age. The signing of th.e petition must be in 
the presence of two citizens of the township, after the true 
meaning thereof shall IvAve been explained; and when sign- 
ed an alfidavit shall be alUxed thereto, by the two citizens, 
proving the signing in the inanner aforesaid, and stating 
the number of white male irdiabitants in tlje township or 
fractional township, of and over twenty-one years of age ; 
and said petition, so proved, shall he delivered to the school 
commissioner for his action thereon : Provickd, that no proviso, 
whole section shall be sold in any township containing less 
than filty inhahitants; and common school lands in frac- 
tional townsliips may be sold when the number of itdiabi- 
tants arid number of acres are in the ratio of iifty to six 
hundred and forty, but not before. 

§ 88. When the petition and affidavits are delivered Tmsteestonivid*. 
to the school commissioner as aforesaid, he shall notify the 
trustees of said township thereof, and said trustees shall 
immediately proceed to divide the land into tracts or lots 
of sucli form and quantity as will produce the largest 
amount of money; and after making such division, a cor- 
rect plat of the same shall be made, representing all di- 
visions, with each lot numbered and defined, so that its 
boundaries may be forever ascertained. Said trustees shall 
then lAx a value on each lot, having regard to the terms of 
sale, certify to the correctness of the plat, staling the val- 
ue of each lot per acre, or per lot, if less tlian one acre, 
and referring to and describing the lot in the certificate, 
so as fully and clearly to distinguish and identify each lot; 
which plats and certificate shall be delivered to the school 
commissioner, and shall govern him in advertising and sel- 
ling said lands. 

§ 89. In subdividing common school lands for sale, no SuMivifiou «f 
lot shall contain more than eighty acres, and the division 



1855. 40 

may be made into town or village lots, with roads, streets 
or alleys between them and through the same; and all such 
divisions, with all similar divisions hereafter made, are 
hereby declared legal; and all such roads, streets and al- 
leys, public highways. 

■I'-rL.woiioiung. § 90. The terms of selling common school lands shall 
be to the highest bidder, for cash, with the privilege to each 
purchaser of borrowing from the school commissioner the 
amount of his bid, for any period not less than one nor more 
than five years, upon liis paying interest and giving secu- 
rity, as in case of money loaned by township treasurer, at 
provided in this act. 

r .c-oi »;ii!i..i. § 91- The ]dace of selling common school lands shall 
be at the court house of the county in which the lands are 
situated; or the trustees of schools may direct the sale to 
be made on the premises ; and upon the reception by the 
school commissioner of the plat and certificate of valuation 
from the trustees, he shall proceed to advertise tlie said 
land for sale, in lots as divided and laid off by said trustees, 

jn^i.y-. '^y posting notices thereof in at least six public places in 

the county, forty days next anterior to the day of sale, de- 
scribing the land, and stating the time, terms and place of 
sale; and if any newspaper is published in said county, said 
advertisement shall be printed therein ior four weeks be- 
fore the day of sale — if none, then it shall be sold under the 
notice aforesaid. 

.<-.c!im.i cnimis- § 92. Upon the day appointed, the school commission- 

MVDer to make ^y shall procccd to make sales, as follows, viz : he sliall 
begin at the lowest number of lots, and proceed regularly 
to the higltest, till all arc sold or offered. No lot shall be 
sold for Jess than its valuation by the trustees. Sales 
sliall be made between the hours of ten o'clock A. M., and 
si\ o'clock P. j\I., and may continue from day to day. The 
lots shall be crifd scpaiatcly, and each lot cried long enough 
to enable any one present to bid who desires it. 

caymtsnt to be ^ 93. Upou closiug the salcs each day, the purcliasers 

»e<ure<t. shall cach pay, or secure the payment of the purchase mo- 

ney, according to the term? of sale ; or in case of his failure 
to do so by ten o'clock the succeeding day, the lot pur- 
chased shall be again offered at ])ublic sale, on t!ie same 
terms as before, and if the valuation or more shall be bid, 
shall be stricken off; but if the valuation be not bid, the 
lot shall be set down as not sold. If the sale is or is not 
made, the Ibrmer purchaser sliall be required to pay the 
difference betv/een his bid and the valuation of the lot; 
and in cise of his failing to make such payment, the school 
commissioner may forthwith institute an action of debt or 
assumpsit, in his name, as commissioner, for tlie use of the 
inhabitants of the township where the land lies, for the re- 
quired sum ; and upon making proof, shall be entitled to 



41 1855. 

judgment, with costs of suit; which, when collected, shall 
be added to tlie principal of the township fund. And if the 
amount claimed does not exceed one hundred dollars, the 
•uit may be instituted before a justice of the peace; but if 
more than that sum, tlien in the circuit court of any coun- 
ty wherein the party may be found. 

§ 94. All lands not sold at public sale, as herein pro- ur.9oidi»n<is8Bb- 
vided for, shall be subject to sale at any time thereafter, at VaiuatsouT 
the valuation ; and school commissioners are autliorised 
and required, when in their power, to sell all such lands 
at private sale, upon the terms at which they are offered 
at public sale. 

5 95. In all cases where common school lands have "^raetemia mbm 
een heretoiore valued, and have remained unsold lor two 
years after having been offered for sale, or shall hereafter 
remain unsold that length of time, after being valued and 
offered for sale in conformity to this act, the trustees of 
f chools where such lands are situated may vacate the val- 
uation thereof, by an order to be entered on book A, of 
the school commissioner, and cause a new valuation to be 
made, if in their opinion the interests of the township will 
be promoted thereby. They shall make said second valu- 
ation in the same manner as the Jirst was made, and shall 
deliver to the school commissioner a plat of such second 
valuation, with the order of vacation to be entered as afore- 
said ; whereupon said school commissioner shall proceed 
in selling said lands in all respects as if no former valua- 
tion had been made : Provided, that the second valuation Proviso, 
may be made by the trustees of schools, without petition, 
as provided in this act. 

§ 96. Upon the completion of every sale by the pur- ceniacateoipm^- 
chaser, the school commissioner siiall enter the same on 
book B, and shall deliver to the purchaser a certificate of 
purchase, stating therein the name and residence of the 
purchaser, describing the land and the price paid therefor; 
which certificate shall be evidence of the facts therein sta- 
ted. 

5 97. At the first regular term of the county court in st«tein«nt •t 

3 ii"- 111 1 school commto- 

each year, the school commissioner shall present to the siouer u> eownr 
court of his county — first, a statement showing the sales of *^" " 
school lands made subsequent to the first regular term of 
the previous year, which shall be a true copy of the sale 
book, (book B;) second, statements of tlie amount of money 
received, paid, loaned out, and on hand, belonging to each 
township or fund under his control — the statement of each 
fund to be separate ; third, statements copied from his loan 
book, (book C,) showing all the facts in regard to loans 
whicli are required to be stated upon the loan book ; all of 
which the county court shall tiiereupon examine and com- 
pare with the vouchers, and the said county court, or so 



1855. 



42. 



Transcript to be 
furnished tlie 
auditor. 



•\jroiiaser lo T 
^T& patent. 



many of them as^ may b» prrsput at the terra of t*ip. coiirtj; 
shall be liable indi\ iilually to the fiiij'i injared, insd Lo the 
seciiriiies of said school comini>\«ionrr, in case judgment; 
be recov^-red of said securities, for all damiiges occasioned 
by a ru^glect of the duties, or aj.y of them, required of them 
by this section : Provided, uothing herein contained shall 
be construed to exempt tlie securities of said school com- 
missioner from any liability as such securities, but they 
shall still be liable to the fund injured the same as if th« 
county commissioners were not liable. 

§ 98. The school commissioner shall also, at the time 
aforesaid, transmit to the auditor of public accounts \ full 
and exact transcript from book B of all the sales made sub- 
sequent to each report. The statement in section ninety- 
seven (97) lierecf, required to be presented to the county 
court, shall be preserved and copied by the clerk of said 
into acourt well bound book, kept for that purpose, and 
the li«t transmitted to the auditor shall be filed, copied 
and preserved in like manner. 

§ ; 9. Every purcliaser of common school land shall b« 
entitled to a patent from the state, convening and assuring 
the title. Patents shall be made out by the auditor from re- 
turns made to him by tlie school commissioner. They shall 
contain a description of the land granted ; and shall be in 
the name of and signed by the governor, countersigned by 
the auditor, with the great seal of the state affixed thereto 
by the secretary of state, and shall operate to vest in the 
purchaser a perfect title in fee simple. When patents are 
executed as herein required, the auditor shall note on the 
list of sales the date of each patent, in sucli manner as to 
perpetuate tlie evidence of its date and delivery, and there- 
upon transmit the same to the school commissioner of the 
proper county, to be by him delivered to the patentee, his 
heirs or assigns, upon the return of tlie original certificate 
of purchase ; which certificate, when returned, shall be 
filed and preserved by the school commissioner. 
()-<i>pijo»i,8 copies. § 100. Purc'iasers of common school lands, and their 
heirs and assigns, may obtain duplicate copies of their cer- 
tificates of purchase, and of patents, upon filing affidavit 
with tiie school commissioner in respect to certificates, and 
with the auditor in respect to patents, proving the loss or 
destruction of the originals ; and sucli copies shall have all 
the force and effect of the oriiiinals. 



ACTS REPEALED PUBLICATION AND DISTRIBUTION OF THE 

ACT. 



Acts repdaledo 



§ 101. An act entitled " An act to establish and main- 
tain common schools," approved February 12th, 1849;, 
and an act to amend said act, approved February ISth, 1851, 



42f I85&, 

»ad an act entitletl " An aet to increase the schos>I fund/'' 
approved February 10th, 1858, and aH other acts and 
parts of acts coming in conflict with the provisions of this 
»ct, are hereby repealed. This act to be in force from 
and after its passage. 

5 102. Tiie public printer is hereby required la print ^"">'>*»*'*®9i« 
thirty tiiousand copies ot this act, under the direction ol (UBtribnto* . 
the secretary of state, who shall first make a perfect in- 
dex hereto, to be distributed by him according to popula- 
iion among the several counties of the state, and deposit- 
ed with school commissioners, to be distributed by them. 
to the directors of the boards of education and township, 
treasurers, ior the use of the diifereat officers iiadej: tivx« 
law. 

•A-ppRavKB Fob. 15j,, i855v 



-■0. 



■m 



LIBRARY OF CONGRESS 



019 749 600 9 



